VIJAY Vs. STATE

JUDGEMENT

(1.) This appeal has been filed challenging the judgment dated 19th May, 2012 passed by the learned Additional Sessions Judge-01(West) Delhi in Sessions Case No.91/11 finding the appellant guilty of offence under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') and the order dated 21st May, 2012 sentencing him to undergo RI for a period of ten years and a fine of Rs. 2,000/-, in default of which SI for a period of one month, for the above offence.

(2.) The case of the prosecution is that in the night of 4th July, 2011 at about 8.49 p.m., an information was received that a girl has been raped at Radha Krishan Mandir, Om Vihar, Phase-V, 40 Foota Road, Veer Bazar Road, Mohan Garden, Delhi. On receipt of this information, SI Jagdish Chander (PW-11)was asked to investigate the matter.

(3.) On reaching House No.80, Ram Chander Enclave, Mohan Garden, Uttam Nagar, SI Jagdish Chander found the mother of the prosecutrix holding the prosecutrix in her lap and there was bleeding from the vagina of the prosecutrix. The appellant had been caught hold of by the parents of the prosecutrix. SI Jagdish Chander (PW-11) brought the accused along with the prosecutrix and her parents to the police station Uttam Nagar where he handed over the custody of the appellant to the duty officer and he along with Constable Amit (PW-6) took the parents of the prosecutrix along with prosecutrix to Deen Dayal Upadhyay Hospital(DDU). In the said hospital, the prosecutrix was first examined by Dr.Deepshikha (PW-1) who had duly proved the MLC as Ex.PW1/A. The time of admission of the prosecutrix at the hospital is 9.55 p.m.